Docket R0801

1
Docket R-08-01

• Subdivision Regulation Amendment
• Water Adequacy Requirement

2
Proposed Amendment

• Revise Section 303.02C.1c.by requiring a note on
  the final plat stating
• The Arizona Department of Water Resources issued
  a determination of adequate water supply on
  (insert date).

3
Amendment Con.

• Revise Section 408.03 Water Adequacy
• When submitting a tentative plat, the subdivider
  shall include a copy of the application submitted
  to the Arizona Department of Water Resources
  (ADWR) for water adequacy determination.

4
Amendment Con.

• Pursuant to ARS 11-806.01 F and Resolution 08-
  _____, the Board of Supervisors shall not approve
  a final plat for a subdivision unless one of the
  following applies
• The director of water resources has determined
  that there is an adequate water supply for the
  subdivision and the subdivider has included the
  report with the plat.
• The subdivider has obtained a written commitment
  of water service for the subdivision from a city,
  town or private water company designated as
  having an adequate water supply by the director
  of water resources.

5
Amendment Con.

• The Board of Supervisors may exempt a subdivision
  from 408.03B if the director of water resources
  has determined the subdivision will have an
  inadequate water supply because the water supply
  will be transported to the subdivision by motor
  vehicle or train if all of the following apply
• The Board determines that there is no feasible
  alternative water supply for the subdivision and
  that the transportation of water to the
  subdivision will not constitute a significant
  risk to the health and safety of the residents of
  the subdivision.

6
Amendment Con.

• If the water to be transported to the subdivision
  will be withdrawn or diverted in the service area
  of a municipal provider as defined in ARS 45-561
  and the municipal provider has consented to the
  withdrawal or diversion.
• If the water to be transported is groundwater,
  the transportation complies with the provisions
  governing the transportation of groundwater in
  ARS title 45, chapter 2, article 8.
• The transportation of water to the subdivision
  meets any additional conditions imposed by the
  county.

7
Key Points

• If adopted provides access to a potential new
  funding source for water projects
• If adopted by the County mandatory for the Cities
• Cities can adopt on their own
• Per the legislation, this amendment can not be
  rescinded.
• Must be passed by a Board unanimous vote.

8
PZ Recommendation Motion

Recommendation At their February 13, 2008
meeting the Planning and Zoning Commission voted
6 to 2 (Wendle and Brofer opposed, Silva absent)
to forward a recommendation of approval on docket
R-08-01. Motion Mr. Chairman, I move to approve
Resolution R-08- an amendment to the Cochise
County Subdivision Regulations requiring that the
Director of the Arizona Department of Water
Resources has determined that a subdivision has
an adequate water supply before final plat
approval by the Board of Supervisors unless
exempted as noted in Exhibit A of the resolution.